Ref CA Gov AB60..Overtime pay for days in excess of 8 hrs. My
co-workers and I are interested in working a 12 hr shift..3 days on 4
days off 4 days on 3 days off....we are a mix of both salaried and
hourly employees. We are DoD contractors for USAF Space Command
working 24/7 in technical/network/data communications operations at
Onizuka AFS in Sunnyvale, CA. We are different companies working under
1 company and a single contract. The companies would all agree to, as
well as at least a 2/3 majority of the employees, let us work the 12
hr sked but will not authorize due to AB60. Can you plz clarify?

Hello.

First of all, I must note that Google Answers provides general
information, not professional legal advice.  The information below is
not intended as, and should not be taken as, legal advice.  If you
need professional legal advice, you should contact a qualified
attorney.

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Yes, there is a conflict between your plan and AB 60.

The basic problem is that your plan calls for you to work shifts of 12
hours per day. AB 60 does allow "alternative workweeks" under certain
circumstances (i.e., approval by at least two-thirds of affected
employees), but the maximum daily shift allowed is 10 hours.  Anything
hours worked beyond 10 would have to be paid overtime.

See: BILL NUMBER: AB 60	CHAPTERED:

"...SEC. 5.  Section 511 is added to the Labor Code, to read:
   511.  (a) Upon the proposal of an employer, the employees of an
employer may adopt a regularly scheduled alternative workweek that
authorizes work by the affected employees for no longer than 10 hours
per day within a 40-hour workweek without the payment to the
affected employees of an overtime rate of compensation pursuant to
this section.  A proposal to adopt an alternative workweek schedule
shall be deemed adopted only if it receives approval in a secret
ballot election by at least two-thirds of affected employees in a
work unit.  The regularly scheduled alternative workweek proposed by
an employer for adoption by employees may be a single work schedule
that would become the standard schedule for workers in the work unit,
or a menu of work schedule options, from which each employee in the
unit would be entitled to choose."
http://www.dir.ca.gov/IWC/ab60.html

"Businesses that want to operate on four-day work weeks must pay
overtime when employees work more than 10 hours in a single day. But
such alternative work weeks must be approved by two-thirds of the
affected employees. Otherwise, the eight-hour rule will apply."
source: Los Angeles Business Journal,  Dec 27, 1999
http://www.findarticles.com/p/articles/mi_m5072/is_52_21/ai_59014286

' employers can implement an "alternative workweek schedule" upon
approval of two-thirds of the workforce, which allows employees to
work shifts of up to 10 hours without payment of overtime so long as
the employees' weekly hours do not exceed 40.'
source: Construction WebLinks Newsletter
http://www.constructionweblinks.com/Resources/Industry_Reports__Newsletters/January_7__2000_California_Ove/january_7__2000_california_ove.html

" An approved alternative workweek arrangement must consist of no more
than forty regularly scheduled hours in the workweek. Moreover, the
regularly schedule cannot consist of more than ten hours in any one
day. Labor Code Section 511(a). If the contemplated workweek
arrangement exceeds those standards, then the firm must pay the
requisite daily overtime."
source: brgslaw.com
http://brgslaw.com/articles/punching.html

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search strategy:
"ab 60" "hours per day"

I hope this helps.

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Clarification of Answer by juggler-ga on 21 Dec 2004 13:51 PST

Sorry for the typo above:

" Any hours worked beyond 10 would..."

This law and others also prevents flex time, which would permit
selected workers to come and go as they pleased except when such would
seriously lower over all productivity. Some emloyees would work a few
extra minutes to complete the task they were on, instead of leaving it
for the next time they come to work or having another employee
complete the task. A lot emplyees on flex time would allow the
employer to work projects any number of minutes per day and week and
month instead multiples of 480 minutes (8 hours) It would reduce the
size of parking lot, as workers could arrange to car pool more
conveniently and the plant would be opened more hours per week. It
would also stretch out the local traffic rush hour making it less
severe. It could reduce the need for personel days, sick days,
vacation days. The employer should pay premium pay for some hours of
the day and pay over time when they want the employee to stay past the
time the employee planned to leave, even if much less than an 8 hour
day and/or much less than a 40 hour week. Perhaps best of all,
employees could choose to work part time for extended periods, which
would create jobs for more employees, reducing unemployement.   Neil